Wednesday, January 28, 2009

Be Cautious With 1031 Exchanges Outside of the United States

By Steven R. Buerkle

The basic principle of section 1031 of U.S. tax code lies in the creation of a good relationship between real estate investors and the U.S. economy. How can this happen? 1031 exchanges allow investors to generate more profit with their capital. This in turn boosts the economy because of the job opportunities and other benefits it produces.

Transactions outside the U.S. in relation to 1031 exchanges cannot take place. Moreover, a tax deferment permits the IRS to accumulate from your capital gains taxes. This is especially true when in the future, you decide to sell your replacement property. Aside from this, it's hard to collect taxes on foreign properties.

The reasoning behind the prohibition of 1031 exchanges involving property in a foreign nation is clear, but things become a bit more hazy when you consider U.S. territories such as Puerto Rico, Guam, or the U.S. Virgin Islands. You are in fact permitted to make an exchange on a property in one of these territories, but it is essential to be cautious when making a transaction of this sort.

Exchanges made on properties within the United States only have minimal requirements. Mainly, this necessitates an investor to conduct business, trade, or investment with his property. However, in the case of some territories like the U.S. Virgin Islands - there are some other rules to follow. In a private letter ruling in order to meet like-kind investors, it says that a property must first qualify as income producing.

The path of least resistance when it comes to making a 1031 exchange is to confine your transactions to the United States, which comprise the fifty states as well as Washington D.C. In the event that you find it necessary to make an exchange on property located in an outside territory, I advise you to carefully analyze your replacement property to make sure it meets like-kind requirements. You may even want to request your own private letter ruling from the IRS. - 15224

About the Author: